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HomeMy WebLinkAboutminutes.apz.19990119ASPEN PLANNING & ZONING COMMISSION JANUARY 19, 1999 Jasmine Tygre, Vice-Chair, opened the regular Aspen Planning & Zoning Commission Meeting at 4:35 p.m. Commissioners Steve Buettow, Roger Hunt, Tim Mooney, Tim Semrau and Jasmine Tygre were present. Bob Blaich and Ron Erickson were excused. Staff in attendance were Amy Guthrie, Mitch Haas, Chris Bendon, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER AND STAFF COMMENTS Steve Buettow said that Ron Erickson's letter summarized the three major points which were concerns of this commission. He asked if the letter could be forwarded on to the Burlingame people. Jasmine Tygre stated that Julie Ann Woods would set up a meeting with Burlingame and P&Z members. Roger Hunt apologized for not being able to attend the last Burlingame meeting; he said that he probably would have voted against it. Tim Mooney asked what the affordable housing aspect was for the Burlingame rezoning to (multi-family) RMF- A; he requested the definition of RMF-A. Chris Bendon responded the housing policy was separate for the zoning policy. He said zoning was a physical development and constraints. Bendon noted that the units would be fully deed restricted; the MAA was a special exception for affordable housing because they did not have to qualify as a working resident but rather as a student of the MAA. He said that RMF-A were properties that were annexed to the traditional town site; it was a more appropriate zone district for AH because it provides for more housing. Mooney said there seemed to be enough land on the entire Burlingame site; why doesn't the MAA buy more land to mitigate the open space requirement without seeking a variance. Bendon replied the open space was set by PUD; the applicant had a development that essentially was trying to fit the subdivision on to a site. He said the rest of the land would be open space surrounding this site. Mitch Haas provided the up coming report from community development. He noted the CCLC requested the P&Z members' attendance tomorrow at 8:30 a.m. to informally discuss vertical growth in the commercial core. There will be a proclamation for Sara Garton at 5 p.m. at City Council on 01/25/99. On 02/02/99 there will be a meeting with City Council and P&Z to review the AACP update and workload. On 02/09/99 there will be an open house at the Wheeler. Mooney asked if staff could pass on the concerns of the intersection of Hopkins and Parks to incorporate a stop sign for the neighborhood meeting that Nick Adeh was hosting next week. Mooney said Cooper Street and Park Circle should have a sidewalk with no parking on the West Side, where the bus stop was located. 1 ASPEN PLANNING & ZONING COMMISSION JANUARY 19, 1999 No public comments. Haas also distributed a supplement to the 970 Powder Lane application, the tree removal permit and a letter from a neighbor in support of the project. MINUTES MOTION: Roger Hunt moved to adopt the minutes of January 5, 1999 and December 15, 1998. Steve Buettow second. APPROVED 5-0. DECLARATION OF CONFLICTS OF INTEREST None. PUBLIC HEARING: 920 EAST HYMAN - LANDMARK DESIGNATION Jasmine Tygre requested proof of notice. Jackie Lothian responded the proof was provided. Amy Guthrie explained the proposed landmark designation was for a Victorian miner's cottage located at 920 East Hyman. She stated that HPC had reviewed and recommended historic designation on January 13, 1999; City Council will decide if the designation will be granted after P&Z's recommendation tonight. Guthrie noted in order for a property to be landmarked, it must meet 2 of the 5 criteria; staff and HPC felt it met 3 of the criteria. She said the miner's cottages were an important part of the history of Aspen. There were no commissioner or public comments. MOTION: Roger Hunt moved to adopt P&Z Resolution #99-01 and the Aspen Planning and Zoning Commission recommended approval to City Council of landmark designation, for 920 E. Hyman Avenue, finding that standards B, D, and E were met. B. Architectural Importance. The structure or site reflects an architectural style that is unique, distinct or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type (based on building form or use), or specimen. D. Neighborhood Character. The structure or site is a significant component of a historically significant neighborhood and the preservation of the ASPEN PLANNING & ZONING COMMISSION JANUARY 19, 1999 structure or site is important for the maintenance of that neighborhood character. E. Community Character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similarity to other structures or sites of historical or architectural importance. Steve Buettow second. Roll call vote: Mooney, yes; Semrau, yes; Hunt, yes; Buettow, yes; Tygre, yes. APPROVED 5-0. PUBLIC HEARING: 970 POWDER ROAD~ FAYEZ - CONDITIONAL USE FOR AN ADU AND 8040 GREENLINE REVIEW Jasmine Tygre opened the public hearing and requested proof of notice. Jackie Lothian stated the proof of notice was provided. Mitch Haas stated the request for conditional use was to construct a detached garage with a 700 square foot 2 bedroom 2% bathroom accessory dwelling unit above the garage. This unit was purely voluntary; no GMQ exemption was being sought. Haas said if approved the proposed ADU would be entitled to automatic FAR bonus of ½ of the floor area (350 sf) without the mandatory occupancy deed restriction because it was an above grade and detached unit. He said this was probably the best ADU design that has been reviewed. Haas said the side yard setback could be allowed at 3 feet when there was a detached exceptional ADU. He said the original intent had been met by this ADU. Haas said this property was located within the 8040 greenline review guidelines. He said the recommendation by the geo-technical report and the re-location of the existing drainage ditch, which supplied Glory Hole Park and the Mall streams water, were other concerns that were included in the conditions of approval. Haas stated that Parks had some concerns about the re-location but none that would significantly alter the plan. The agreements must be met prior to issuance of a building permit. Willis Pember, architect, stated the presentation by Mitch was sufficient. Tim Semrau asked if there were any concerns on the conditions. Pember stated the western most comers of the survey occur in the floor of a neighbor's garage. Haas stated the condition from Engineering could be re-worded to contain a revised improvement survey removing the words as noted in the memo. Pamela Cunningham, public, stated that she was the Aspen Alps General Manager and the owners that responded to the notices were very positive about this project. She said the Aspen Alps South Road, a private road, had an easement agreement 3 ASPEN PLANNING & ZONING COMMISSION JANUARY 19, 1999 with the Aspen Chance Subdivision. She complimented Mr. Pember and Mr. Fayez on the design. Gaard Moses, public, said as a neighbor, he thought the project was just dandy. Tygre said the title commitment policy portion should remain in the conditions even if revised. Roger Hunt worked on the wording. Haas noted even if this condition was omitted, it was still required prior to a building permit being issued. Tygre stated this was just so nothing fell through the cracks' and was to the applicant's benefit in the long run. Tim Mooney asked what the owners' intentions were for the ADU. Pember replied that he was not sure. Tygre commented that this was one of the nicest ADU's ever to be reviewed. Steve Buettow stated the application was very complete. MOTION: Roger Hunt moved to adopt P&Z Resolution #99-02 the 8040 Greenline Review and Conditional Use requests for a detached garage with a 700 square foot, two-bedroom, two and one-half (2.5) bath Accessory Dwelling Unit located at 970 Powder Lane with the following conditions: 1. The building permit application shall include: a. A revised Improvement Survey clearly indicating that "all easements of record on Title Policy Number __, dated __ [within the past 12 months] are shown hereon;" b. Housing Office verification that the net livable floor area of the Accessory Dwelling Unit (ADU) will be between 300 and 700 square feet, that the unit will be totally private, have a private entrance, and have no rooms (i.e., mechanical rooms, etc.) that might need to be accessed by people in the principle residence; c. Housing Office verification that the ADU will contain a kitchen having a minimum of a two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; d. A copy of a signed and recorded Housing Office issued Deed Restriction for the ADU; e. Clear identification of the ADU on building permit plans as a separate two- bedroom unit, separated from the primary residence; f. Provision of at least two (2) 8.5' x 18' on-site parking spaces for the two-bedroom ADU indicated on the final plans; g. Plans for the installation of any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights- of-way; h. The location of any additional proposed construction, including trash facilities, in such a way that it does not encroach into an existing utility easement or public right-of-way; i. Working drawings to verify all height, setback, site coverage, and floor area calculations, as well as lot size and lot area calculations; j. A copy of an executed tap permit(s) completed at the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; k. Verification that the proposed plans for the ADU will comply with all UBC requirements including but not limited to those addressing natural light and ventilation standards, and that the proposed plans will provide a sound attenuation wall/barrier between the ADU and the garage located below it; 1. Building permit drawings which indicate all utility meter locations; utility meter locations 4 ASPEN PLANNING & ZONING COMMISSION JANUARY 19, 1999 must be accessible for reading and may not be obstructed by trash storage; and, m. All conditions of approval, as indicated in the approved Resolution, as notes on the building permit application plan sets. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a. Submit as-built drawings of the project showing property lines, building footprints, easements, any encroachments, entry points for utilities entering property boundaries and any other improvements to the Aspen/Pitkin County Information Systems Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b. permit Community Development Department, Engineering, and Housing Office staff to inspect the property to determine compliance with the conditions of approval; and c. Provide the Community Development Department with as-built drawings for keeping in the planning case file records. 3. In the event required, the applicant must receive approval from: The City Engineer for design of improvements, including landscaping, within public rights-of-way; The Parks Department for vegetation species, tree removal, and/or public trail disturbances; The Streets Department for mailboxes and street cuts; and, The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. 4. If constructed, only fifty (50) percent or 350 square feet of the ADU's floor area, whichever is less, shall be counted toward the total allowable Floor Area on the property. Furthermore, at least as much FAR as is created shall be decommissioned/removed. 5. The ADU structure shall be permitted to have a three (3) foot side yard setback. 6. An amended ditch maintenance agreement or a ditch relocation agreement must be executed prior to submission of a building permit application. The ditch water flow may not be interrupted for more than two days, and the Parks Department must be notified prior to any interruptions of flow. The City reserves the right to a ditch maintenance easement of adequate width for access; the location and dimensions of the easement will need to be finalized as part of the relocation agreement. 7. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. 8. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU; sufficient means of preventing icing of the stairway is also required. 9. Prior to submitting an application for building permit, any needed tree removal permit(s) must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated (including scrub oaks of three (3) inches or greater); also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s). Similarly, the ski easement located above the subject property shall not be impacted by any of this development, no construction access is permitted via the trail, and no storage of fill or other materials is permitted within the trail easement. 10. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a temporary sediment control and containment plan for the construction phase, and a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation tests to verify the feasibility of this type of system. Drywells may not be placed within utility easements. A foundation drainage system with on-site detention is required, must be shown on drainage plans prior to permit drawings, and must be separate from the storm drainage system. The ADU drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the retention volume meet the design storm. ll. Cut depths for the garage level shall be limited to no more than ten (10) feet to minimize ASPEN PLANNING & ZONING COMMISSION JANUARY 19, 1999 the risk of construction-induced slope instability. Surface drainage shall be provided away from the structure in all directions. Fill soils shall be evaluated for concentrations of lead or other heavy metals at the time of excavation, and if contaminated soils are encountered they shall be removed or capped. The foundation design shall be approved by a professional engineer considering the observations and findings of the submitted Hepworth-Pawlak Geotechnical, Inc., report (Job No. 198 753, dated November 18, 1998 and revised November 19, 1998). 12. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by an entity having authority to do so. Steve Buettow second. Roll call vote: Semrau, yes; Mooney, yes; Buettow, yes; Hunt, yes, Tygre, yes. APPROVED 5-0. Meeting adjourned at 5:30 p.m. into a work session on the ADU program changes. Jackie Lothian, Deputy City Clerk. ASPEN PLANNING & ZONING COMMISSION JANUARY 19, 1999 COMMISSIONER AND STAFF COMMENTS ................................................................................................. 1 MINUTES ............................................................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST .......................................................................................... 2 920 EAST HYMAN - LANDMARK DESIGNATION ....................................................................................... 2 970 POWDER ROAD, FAYEZ - CONDITIONAL USE FOR AN ADU AND 8040 GREENLINE REVIEW 3 7